Provincetown voters enact Inclusionary Housing Bylaw

PROVINCETOWN — At last Wednesday’s session of Annual Town Meeting the Inclusionary Housing Bylaw narrowly achieved the needed two-thirds majority vote. The tally was 86-35.

The bylaw requires developers to build affordable or community housing units or pay into a housing fund when developing market-rate units.

“It’s not the silver bullet, but it’s one way that we can start addressing the housing issue,” Town Planner Gloria McPherson said.

In developments of six or more units, one unit must be designated affordable or the developer must pay into a housing fund or make a land donation. For developments of two to five units, the bylaw requires a payment-in-lieu based on the “affordability gap” rather than the total cost of the units. The affordability gap will be calculated by using the average cost of all one- and two-bedroom units in Provincetown minus the cost of a unit that is considered affordable, based on median income figures. The bylaw also offers incentives, including two different density bonuses; waivers from requirements such as reduced frontage, setbacks and parking; gallon relief; streamlined permitting; and a third-story bonus for qualifying projects.

Some voters were concerned that the bylaw places the blame for the housing crisis on the shoulders of local builders.

“I understand the housing crisis, but it is a community problem. I think it’s very unfair to put this problem on people who do construction,” Provincetown Fire Chief Mike Trovato said. “We are barely hanging on so we can stay here. And now we are paying for affordable housing? I don’t think it’s a fair article to put this burden on a certain few people.”

Finance committee member Mark Del Franco said he thinks the bylaw redefines every property owner as a developer.

“This bylaw is not a community response — it’s targeting individuals,” he said.

Planning Board Vice Chair Grace Ryder-O’Malley said town officials had been working on the bylaw for nearly three years. Last year a similar article was indefinitely postponed.

“We’ve listened. We removed the single unit because a lot of people were concerned. We’ve adjusted the numbers,” Ryder-O’Malley said. “We’ve tweaked as much as we could. And we’ve added incentives. A portion of all the new units that get added will be creating housing for people to live here.”

Selectmen Chair Raphael Richter said it was unfortunate to hear so many people opposed.

“No, it’s not perfect. Nothing is perfect. But it’s going to help solve our community housing crisis,” Richer said. “The sky is not going to fall if you pass [the article].”

In other matters, Town Moderator Mary-Jo Avellar and Historic District Commission Vice Chair Marcene Marcoux argued at the mike late Wednesday over Article 24 — a general bylaw amendment that would slightly loosen the regulations on solar panels.

“[The Historic District Commission] has concerns in relation to the placement and the historic nature of the town itself in relation to solar panels,” Marcoux said. She tried to speak a second time, but a motion to move the question had been made and Avellar told Marcoux she could not have the floor. Marcoux insisted she had a right to speak.

“I am in charge here,” said Avellar, as audience members hissed and told Marcoux to leave the room.

“We need to change the general bylaw to match the current written laws,” Harbormaster-Pier Manager Rex McKinsey said. “This will also allow us to capitalize on another type of day tripper.”

Voters also said yes to Article 26, a tree bylaw that intends to protect shade trees on public ways. They also OK’d Article 27, a tree revolving account that will be funded from fines and violations of the tree bylaw. The fund will be used to plant and maintain trees on public land.

“I feel privileged to live in a town that has a bylaw for trees,” Conservation Commission Chair Dennis Minsky said.

The Council on Aging got approval to start a Meal Revolving Fund under Article 28. COA Director Chris Hottle said donations will pay for a part-time chef and cooking supplies for weekly lunches.

On Thursday, the fourth and final night, several zoning definitions were revamped, including Article 30, which redefines seats, and Article 31, which redefines restaurant use. The consent agenda was also approved.